Maxwell v. Mitchell et al

Filing 20

ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/2016 GRANTING plaintiff's 17 motion to proceed IFP and 18 motion for an extension of time; and the first amended complaint filed 8/26/2016 is deemed timely. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY PAUL MAXWELL, 12 No. 2:15-CV-0015-CMK-P Plaintiff, 13 vs. ORDER 14 RYON MITCHELL, et al., 15 Defendants. 16 / 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court are plaintiff’s motion for leave to proceed in forma 19 pauperis (Doc. 17) and plaintiff’s motion for an extension of time (Doc. 18). 20 Plaintiff, who has already paid the filing fee for this case, requests leave to 21 proceed in forma pauperis and has submitted a declaration that makes the showing required by 28 22 U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted for 23 purposes of service of process should service be ordered by the court. 24 /// 25 /// 26 /// 1 1 Plaintiff also seeks an extension of time to file an amended complaint. Good 2 cause appearing therefor, the request will be granted. Plaintiff’s first amended complaint filed on 3 August 26, 2016, is deemed timely and will be addressed by separate order. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 17) is 7 2. Plaintiff’s motion for an extension of time (Doc. 18) is granted; and 8 3. The first amended complaint filed on August 26, 2016, is deemed timely. 6 granted; 9 10 11 12 DATED: October 11, 2016 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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